Military advantage

Ter Meer answered "After all, it was France that declared war on Germany." Von Schnitzler added that it should be understood, however, that Farben s claim was not based on military advantage "Even if there had been no war, the historical development has for some time justified Farben s Claim to Leadership. " Now... 

Dr Coleman in her book has provided an excellent historical perspective of chemical warfare. We see the desire of some to achieve a unique military advantage opposed by others particularly revolted by warfare with poisonous gases. We see the reluctance of some military commanders to use weapons they did not fully understand. Was it the fear of retaliation in kind that prevented chemical warfare in the Second World War or was it the uncertainty of effects both on the user as well as on those attacked that was the most restraining influence ... 

The CBR perspective includes a discussion of the emphasis placed by the Soviet on chemical and biological warfare and the defensive measures that must be employed to assure that this country is adequately prepared to meet CW-BW aggression snould it occur. This effort must include an awareness of the existence of the threat, the need for accelerated research and development, and the necessity for full understanding of the nature of a chemical and biological attack. For unless the public fully understands the potentialities of biological and chemical weapons, we may be giving an enemy a crucial military advantage. 

He went on to say that the apparent American reluctance to think about and face up to the realities and potentialities of biological and chemical weapons might give an enemy an absolutely crucial military advantage over us, unless we take steps immediately to rectify our military and civil defense posture vis-a-vis the biological and chemical weapon capabilities of our potential enemies. ... 

Based on this evidence, senior defense department personnel concluded that the Soviet Union possesses a decisive military advantage because of its chemical capabilities. 167(p3)... 

Military Advantage A Matter of Value , Strategy, and Tactics. 277 Kenneth Watkin... 

San Remo Manual 1995, para 171 In order to fulfil most effectively their humanitarian mission, hospital ships should be permitted to use cryptographic equipment The equipment shall not be used in any circumstances to transmit intelligence data nor in any other way to acquire any military advantage. ... 

Today, the law is clear. Merchant vessels, whether nentral or enany, are liable to attack, if, by use or purpose, they make an effective contribntion to the enemy s military action, and if their destruction offers a definite military advantage. However, a more cautious approach is taken with regard to armed merchant vessels. According to the San Remo Manual, they qualify as lawful military objectives only, if they are armed to an extent that they could inflict damage to a warship . ... 

As regards the first condition, the property must by its function have been made into a military objective. Thus it is the function to which the cultural property is put in the circumstances prevailing at the time, rather than the inherent nature of the property that determines whether it has been made into a military objective. Thus the mere location of cultural property could never turn it into a military objective. Some positive action should be required from the holder of the property before it could become a military objective. The second condition is that there is no feasible alternative available to obtain a similar military advantage to that offered by directing an act of hostility against that military objective. This condition in effect clarifies the requirement of the 1954 Convention that the military necessity has to be imperative , namely, that no other feasible alternative is available. This means that when there is a choice between several military objectives whose total or partial destruction, capture or neutralisation, in the circumstances ruling at the time, woirld offer a definite military advantage but one of them is cultural property, the latter must not be attacked. 

Similar considerations apply where imperative military necessity can be invoked to justify the use of cultural property for purposes which are likely to expose it to destruction or damage in the event of armed conflict. Such use is only permitted when and for as long as no choice is possible between such use of the cultural property and another feasible method for obtaining a similar military advantage. In other words, where a choice exists between a number of measures to secure a similar military advantage, the choice that favours the least risk of damage or destruction to cultural property should be preferred. 

Keywords Military advantage Targeting Proportionality Levels of war Counterinsurgency Accountability... 

Normative Frameworks, Military Advantage and the Type of Conflict. 340... 

As has been fairly noted, in the context of determining what constitutes a mihtary objective, the notion of military advantage is not singularly helpful. The precise meaning of mihtary advantage has proven difficult to articulate. The use of... 

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